HomeMy WebLinkAboutMay 01, 2014 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday,May 1, 2014
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, May
1, 2014 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Cliff Evanitski,
Councillors Wayne Casier, Tom Southwick and Ed Ketchabaw, Acting Administrator/ Treasurer
Sharon Larmour and Clerk Lynda Millard.
Fire Chief Randy White and Drainage Superintendent Bill Knifton were in attendance to present
their respective reports.
1. CALL TO ORDER
Mayor Ens called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
Deputy Mayor Evanitski disclosed a conflict of interest to item 7.2 as he is related to the
applicant owner.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held April 17, 2014.
2014-221
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT the minutes of the regular meeting held April 17, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Items
2014-222
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
correspondence dated April 29, 2014 regarding the Wind Interpretive Centre
summer staffing request and By-law 2014-052, authorizing a cleaning agreement
for beach washrooms and change rooms be added to the agenda as items 9(j) and 12
respectively."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
Page 1 of 11
Council Minutes May 01, 2014
(a) 7:05 p.m. -Rachel Wintermute regarding off-leash dog park.
File: C13
Ms. Wintermute encouraged Council to consider an off-leash dog park and presented a
petition signed by approximately 100 local dog owners and supporters. One suggested
site was the Edison Park land area behind the Vienna Community Centre.
In response to questions from Council, she commented that she believes the liability
responsibility lies with the pet owner and that some of the petitioners may be willing to
do some fundraising.
2014-223
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
THAT the petition from Rachael Wintermute regarding an off-leash dog park in
Bayham be received for information;
AND THAT this item be given consideration at the 2015 budget discussions."
CARRIED UNANIMOUSLY
2. STATEMENTS BY COUNCIL
Deputy Mayor Evanitski noted that he had attended the Richmond Community Water System
Open House on Saturday, April 26th and was quite impressed with the facility.
Councilor Ketchabaw advised that he had attended his first meeting with South Central
Ontario Region (SCOR) and was impressed with the planned activities. He noted that the
organization has narrowed its economic development focus and are seeking farmers and food
producers who are interested in being part of the Food Hub project.
He also gave credit to the local Aylmer Express for reporting on recognizing local award
nominees Jim Hevenor for architecture conservancy and Janet Bolin, author for the Bony
Blithe literary award.
Mayor Ens announced that Bayham has been approved for$15,000 funding under the RED
program to develop an economic development strategic plan.
He also advised that the County Council has tabled a report regarding the bridge on Edison
Drive and that he is not satisfied with the recommendations and has arranged a meeting
between the County Warden, CAO and Engineer and the Bayham Administrator, Public
Works Manager, Councillor Casier and himself.
Councillor Casier commented that he understood that County staff would recommend that
Creek Road be re-opened and that the County pay for the costs. He added that he was very
disappointed with County staff's proposal to give the bridge to the Municipality along with a
transfer of$350,000, which would not cover repairs.
Page 2 of 11
Council Minutes May 01, 2014
Deputy Mayor Evanitski stated that he was insulted with the offered amount and that it
would not be a true transfer, as the money was originally designated to resurface Plank Road
in Vienna several years ago after the sewers were installed.
The tentative date for the meeting is Tuesday May 14t1i at 3:00 p.m.
3. UPDATES ON PROJECTS
None.
5. INFORMATION ITEMS
(a) Correspondence dated April 25, 2014 from Canada Post regarding "Closure on
Saturdays and realignment of the hours of operation during the week only at the Port
Burwell Post Office".
File: A01
(b) Correspondence dated April 22, 2014 from Association of Municipalities Ontario
regarding "OPP Billing Update and Additional Webinar".
File: A01
(c) Correspondence dated April 11, 2014 from Alcohol and Gaming Commission of
Ontario regarding "Liquor Licence Act Regulation 720".
File: A16
(d) Correspondence dated April 9, 2014 from County of Elgin regarding "Elgin County
Conference Series: Essentials of Marketing".
File: Al6
(e) Correspondence dated April 14, 2014 from Minister of Energy regarding "Ontario
Government Initiatives".
File: A16
(fl Correspondence dated April 14, 2014 from County of Elgin regarding "FREE Ontario
By Bike Workshop - Wednesday, April 30, 2014".
File: A16
Councillor Ketchabaw noted that items (d) and (f) did not allow much time for circulation
and suggested that more advance notice would be helpful in getting the word out.
(g) Bayham Harbourfront Committee minutes of meeting held April 8, 2014.
File: C06
(h) Museums Bayham minutes of meeting held April 9, 2014.
File: C06
(i) Otter Valley Rail Trail minutes of meeting held April 19, 2014.
File: C06
(j) Resolution passed by Township of Muskoka Lakes February 14, 2014 regarding
"Concern with Teranet and the Land Titles Electric Registry System in Ontario".
File: C10
(k) Correspondence dated April 17, 2014 from Will Arlow regarding "OPP and taxpayers".
File: C13
(1) Correspondence dated April 17, 2014 from Beer Store regarding "Sale of alcohol".
File: C13
Page 3 of 11
Council Minutes May 01, 2014
(m) Memo dated March 21, 2014 from County of Elgin regarding "2013 Police Service
Board Surplus and 2014 Budget".
File: F05
(n) Correspondence dated April 14, 2014 from Joe Preston, MP regarding "The Building
Canada Fund".
File: F l i
Project suggestions for the Building Canada Fund (1/3 1/3 & 1/3) included establishing a
recycling facility, heating, cooling, ceiling and accessibility improvements for the
Bayham Community Centre and a water distribution system for Richmond.
Ms. Larmour noted that the re-location of the Secondary Water System along Dexter Line
would also qualify under the Small Community Fund component for municipalities under
100,000 population.
Direction was given for staff to put together ideas for consideration.
2014-224
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT information items 5(a) through 5(n) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE AND REPORTS
2. PUBLIC MEETING
2014-225
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Drainage Act."
CARRIED UNANIMOUSLY
PUBLIC MEETING
8:00 p.m. -Meuller Drain 2014 -to consider Spriet Associates Engineer's Report
#211364 dated March 14, 2014.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
Deputy Mayor Evanitski disclosed a conflict of interest in this item and vacated his chair
during discussion.
STAFF PRESENTATION
Staff Report DR2014-005 regarding "Meuller Drain 2014".
File: E09
Page 4 of 11
Council Minutes May 01, 2014
Drainage Superintendent Bill Knifton, introduced John M. Spriet, Engineer, who noted
that the old drain is not in very good shape,had not been built on a crushed stone
bedding, nor placed deep enough to provide good drainage and several portions have
collapsed.
The new outlet at the Jerry Creek will be in the same location. There will be a new
railroad crossing with pipe parallel to the tracks. Bigger tile, catch basins and culverts
will replace the old ones. Surface areas will be cleaned out,brushing done in the woods
and swale put in as appropriate.
PUBLIC COMMENTS
Tom Teather spoke regarding the size of the drain proposed through his property. He
suggested that what was being proposed would not be able to take all the water.
The Engineer indicated that the new drain is designed for a 1 1/2"rain as per OMAFRA
guidelines. While a heavy rainfall would still flood, the Engineer was confident the proposed
drain would function fine for a normal rainfall
Pat Benoit asked specific questions to the Engineer about the location of the drain on his
property, the condition of the land at the railway tracks and the depth of the drain at the
railway crossing.
The Engineer responded to all of his questions to the satisfaction of Mr. Benoit and advised
that he will also be invited to the preconstruction on site meeting, to walk the drain course
and discuss the design with the contractor and engineer.
COUNCIL QUESTIONS
In response to questions from Council, the Engineer responded that the 16" tile at the bottom
of the drain is 1.8 times bigger, more catch basins, on both sides of the road than previously
are being installed, a bed of crushed stone will help keep the tile from shifting and a larger
3'x4' catch basin will be installed in the south-west corner.
The Engineer added that, upon a request from the County of Elgin, additional work is to be
done on the surface culvert, at their expense.
ADJOURNMENT
2014-226
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT the Public Meeting be adjourned and the Council meeting reconvene at
8:30 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2014-227
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
Page 5 of 11
Council Minutes May 01, 2014
"THAT in accordance with Section 78 of the Drainage Act, Council of the
Corporation of the Municipality of Bayham hereby adopts Spriet Associates report
#211364 dated March 14,2014, referred to as the "Meuller Drain 2014" report;
AND THAT Provisional By-law #2014-046 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law and
Notice of the time and place of the first sitting of the Court of Revision to the
affected parties pursuant to Section 46 (2) of the Drainage Act;
AND THAT a date of May 15, 2014 at 8:00 pm be set for the first sitting of the
Court of Revision."
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(a) Staff Report P2014-008 regarding "Fire Service Mini-Rescue Procurement".
File: P16
Fire Chief White advised of an opportunity to partner with the Municipality of Muskoka
Lakes, which is also seeking a mini rescue van very similar to what Bayham is.
The Bayham long range capital plan is to purchase such a vehicle in 2015 and another in
2016 and suggested by partnering, there may be considerable savings in purchasing three
units over the 2014-2016 period.
The Acting Treasurer commented that she has reviewed the procurement policy and that
the Bayham process is very similar to that of Muskoka Lakes and suggested that by
working together substantial dollars could be saved.
2014-228
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT Staff Report P2014-008 be received;
AND THAT Council approves an altered procurement process for the acquisition
of new Fire Service Mini-Rescue apparatus, as identified in the report."
CARRIED UNANIMOUSLY
9. FINANCE, ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#016491 to Cheque#016566 inclusive, totaling
$112,276.62 and Payroll Disbursements for the period ending April 13, 2014 totaling
$55,062.24.
2014-229
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
Page 6 of 11
Council Minutes May 01, 2014
"THAT the Cheque Register being Cheque#016491 to Cheque#016566 inclusive,
totaling$112,276.62 and Payroll Disbursements for the period ending April 13,
2014 totaling $55,062.24 be approved."
CARRIED UNANIMOUSLY
(b) Draft contract with Port Burwell Lakers Men's Fastball Team for use of Port Burwell
Ball Diamond.
File: L14
In response to a question from Councillor Ketchabaw, the Clerk responded that the
agenda item was in draft form and that a signed copy has since been received.
2014-230
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT Council approves the request from the Port Burwell Lakers Men's Fastball
Team for use of the Port Burwell Ball Diamond, subject to the Terms and
Conditions of the Municipal Park Contract."
CARRIED UNANIMOUSLY
(c) Draft contract with Straffordville Giants Men's Fastball Team for use of the
Straffordville Ball Diamond.
File: L14
Councillor Southwick questioned whether the batting cage at the Straffordville ball
diamond was owned by the Municipality.
Councillor Casier responded that it had been erected by the Straffordville Minor Ball a
number of years ago, at their cost.
2014-231
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Council approves request from Straffordville Giants Men's Fastball Team
for use of the Straffordville Ball Diamond, subject to the Terms and Conditions of
the Municipal Park Contract."
CARRIED UNANIMOUSLY
(d) Correspondence dated April 23, 2014 from Lions Club of Straffordville regarding
"Annual Bike Rodeo".
File: C13
2014-232
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT correspondence dated April 23, 2014 from the Straffordville Lions Club be
received;
THAT permission be granted to use the Straffordville Community Centre parking
lot on May 31st, 2014 from 10 a.m. to 2 p.m. for the annual Bike Rodeo subject to:
Page 7 of 11
Council Minutes May 01, 2014
-provision of proof of liability insurance naming the Municipality of Bayham as an
additional insured, in the minimum amount of$2 million;
- clean up and repair of any damage to the parking lot be the responsibility of the
organizers;
AND THAT Saturday June 7th be approved as a rain date."
CARRIED UNANIMOUSLY
(e) Correspondence dated April 28, 2014 from Bayham SubMission Members requesting
use of property.
File: C13
2014-233
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT correspondence from Bayham SubMission Members be received;
AND THAT permission be granted to use the municipal property adjacent to the
Museum of Naval History in Port Burwell, as identified in the correspondence,
subject to:
• provision of a certificate of insurance naming the Municipality of Bayham as
an additional insured,in the minimum amount of$2,000,000; and
• clean up and repair of any damages to the area be the responsibility of the
organizers."
CARRIED UNANIMOUSLY
(f) Staff Report PW2014-13 regarding "Washroom & Change Room Cleaning Services
Request for Quotation".
File: F18
Ms. Larmour noted that she has worked with the Public Works Manager and the
contractor has been able to arrange WSIB coverage and needs approval of the contract in
order to obtain liability insurance coverage.
2014-234
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Staff Report PW 2014-13 be received:
AND THAT By-law 2014-052,being a by-law to authorize the Mayor and Clerk to
execute an agreement with Marc Cerna/Cerna Enterprises, for cleaning services,
be presented to Council for enactment."
CARRIED UNANIMOUSLY
Page 8 of 11
Council Minutes May 01, 2014
(g) Memorandum C2014-13 regarding "By-Laws 2014-044, 048 & 049".
File: CO1
2014-235
Moved by: Councillor T Southwick
Seconded by: Councillor E Ketchabaw
"THAT By-Laws 2014-044, 2014-048 and 2014-049 be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(h) Staff Report C2014-01 regarding "Compliance Audit Committee Terms of Reference".
File: C07
2014-236
Moved by: Councillor T Southwick
Seconded by: Councillor E Ketchabaw
"THAT By-law 2014-050, being a by-law to adopt the terms of reference to establish
an Elgin Election Joint Compliance Audit Committee for the 2014 Municipal
Election, as required by the Municipal Elections Act, 2006, as amended, be
presented to Council for enactment;
AND THAT the annual operating costs of the Municipal Election Compliance Audit
Committee be financed through the Election Reserve."
CARRIED UNANIMOUSLY
(i) Staff Report C2014-04 regarding "Compliance Audit Committee Appointments".
File: C07
2014-237
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT By-law 2014-051, being a by-law to appoint Dr. Tim Cobban, Patricia
Miller, Christine Scrimgeour and Andrew Wright to the Elgin Election Joint
Compliance Audit Committee for the 2014 Municipal Election, be presented to
Council for enactment."
CARRIED UNANIMOUSLY
0) Correspondence dated April 29, 2014 from John Kirby regarding the "Wind
Interpretive Centre summer staffing request".
File: C13
Council discussed whether the site would be better suited to establishing a community
information bulletin board where local activities, sites of interest and attractions could be
posted and promoted.
Concerns were also raised about the condition of the building and staff were requested to
inspect the site for safety issues and provide suggestions for the installation of a
Community Bulletin Board and report back to Council.
Page 9 of 11
Council Minutes May 01, 2014
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2014-238
Moved by: Councillor T Southwick
Seconded by: Councillor E Ketchabaw
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 9:00 p.m. to discuss:
• the security of the property of the municipality or local board;
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held April 17, 2014.
(c) Confidential correspondence regarding advice that is subject to solicitor-client
privilege, including communications necessary for that purpose.
(d) Confidential Memorandum regarding labour relations or employee
negotiations. (Firefighter Training Attendance)
(e) Out of Camera.
2014-239
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:07 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2014-044 A By-Law to authorize the sale of lands owned by the
Municipality of Bayham (24 Pitt Street)
(b) By-Law 2014-045 A By-Law to impose a Water Rate (Richmond Water System)
(c) By-Law 2014-046 A Provisional By-Law to Provide for Drainage Works (Meuller
Municipal Drain 2014 First and Second Reading Only)
2014-240
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Provisional By-Law 2014-046 (Mueller Drain) be read a first and second
time."
CARRIED UNANIMOUSLY
(d) By-Law 2014-047 - A By-Law to authorize the Execution of a Municipal Funding
Agreement
(e) By-Law 2014-048 A By-Law to further amend By-Law 2013-110 (Appoint Officers
and Employees)
(f) By-Law 2014-049 A By-Law to authorize the execution of a service contract
Page 10 of 11
Council Minutes May 01, 2014
agreement (Larmour)
(g) By-Law 2014-050 A By-Law to establish an Elgin Election Joint Compliance Audit
Committee and Terms of Reference
(h) By-Law 2014-051 A By-Law to appoint members to the Elgin Election Joint
Compliance Audit Committee
(i) By-law 2014-052 A By-law to authorize the execution of an agreement with Marc
Cerna for the provision janitorial services for the Washrooms and Change Rooms on
the East Beach
2014-241
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT By-Laws 2014-044, 2014-045, 2014-047, 2014-048, 2014-049, 2014-050,
2014-051 and 2014-052 be read a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(j) By-Law 2014-053 A By-Law to confirm all actions of Council
2014-242
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"That confirming By-Law 2014-053 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2014-243
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT the Council meeting be adjourned at 9:10 p.m."
CARRIED UNANIMOUSLY
id'Xe
MAYOR CLE K
Page 11 of 11